News & Analysis as of

Consumer Confusion Trademark Litigation

Brooks Kushman P.C.

Dupes, Not Counterfeits: Why Look-Alike Products Are the Trademark Battleground of 2026

Brooks Kushman P.C. on

“Dupes” are no longer just a social media trend or a consumer wink-wink. They are now a serious brand-protection issue sitting at the intersection of trademark law, design rights, and digital marketing. The key legal question...more

Seyfarth Shaw LLP

Say Thank You with Chocolate: MERCI and DANKE Not Confusingly Similar, Says the TTAB

Seyfarth Shaw LLP on

Merci, Danke, and Thank You—different in linguistic origin, yet all express gratitude. Now that we are in the holiday season, you may want to convey appreciation to someone by expressing thanks or giving a gift, perhaps...more

Morgan Lewis

Campbell’s Stipulated Order Reinforces Trademark Protection in Political Speech

Morgan Lewis on

The Campbell’s Company and CSC Brands LP recently resolved a trademark infringement lawsuit against Michigan congressional candidate Shelby Nicole Campbell and her “Campbell for Congress” campaign, which used imagery closely...more

Felicello Law PC

Protecting Your Trademark — Is it always good for business?

Felicello Law PC on

You may have seen the headlines over the summer that lululemon sued Costco for trademark infringement because Costco has been selling clothing that bears a striking resemblance to lululemon clothing. Your first thought might...more

Womble Bond Dickinson

He Has His Heart of Gold... Why Not a Chrome Heart, Too?

Womble Bond Dickinson on

Earlier this month, Chrome Hearts, the luxury goods retailer known for jewelry and apparel sued musician Neil Young and the individual members of the band Young has been touring with for the last year, The Chrome Hearts, for...more

McDermott Will & Schulte

Solidarity: Union’s commercial use may be Lanham Act violation

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a Lanham Act action, finding that this case was not the rare instance where there was no plausible likelihood that a...more

Roetzel & Andress

Baylor University v. Boston University: What the BU Battle Means for Your Brand

Roetzel & Andress on

Baylor University filed a trademark infringement lawsuit against Boston University, claiming that Boston’s use of an “interlocking BU” logo is confusingly similar to Baylor’s federally registered trademark, that also features...more

Gordon Rees Scully Mansukhani

First Sale Doctrine Limitations: Key Trademark Law Considerations for Businesses

Third-party infringers are finding new ways to sell unauthorized products and profit from doing so.  As one example, the third-party seller buys products in bulk from the product owner, receiving a cheaper rate due to bulk...more

McAfee & Taft

Utah Yetis: The road to naming a new NHL team hits trademark snag

McAfee & Taft on

In 2024, Utah made its big debut in the National Hockey League, adding a new team to the league and a new reason for fans to get excited. The challenge for the team owner, Uyte, LLC, wasn’t just about building a roster of...more

Pillsbury - Internet & Social Media Law Blog

Bad Spaniels III: The Paradox of Parody in Trademark Cases Ex-Rogers

After a decade of litigation and a pivotal Supreme Court ruling from 2023, the legal battle between Jack Daniel’s and VIP Products has taken yet another turn, this time back in favor of Jack Daniel’s. On remand from the...more

Goodwin

Second Circuit Sees Eye to Eye With Warby Parker in Trademark Google Ads Dispute

Goodwin on

While it has become common practice to bid on or purchase a competitor’s trademark to use as a search engine keyword, there remains some confusion about when such practices create liability for trademark infringement....more

Verrill

Litigation Update: Jack Daniels V. Bad Spaniels. Is It Parody or Is It Trademark Infringement?

Verrill on

This week the U.S. Supreme Court will hear argument in the case, Jack Daniel’s Properties Inc. v. VIP Products LLC, U.S. Doc. No. 22-148, to decide the question: Can we do that? ...more

McDermott Will & Schulte

Actual or Potential Consumers in Related Goods Context Doesn’t Require PURE Overlap

The US Court of Appeals for the Federal Circuit reminded us that, in the context of related goods, the likelihood of confusion analysis does not require that actual or potential consumers of the goods be the same, but only...more

Jones Day

"MetaBirkins" Bagged: NFT Creator Found Liable for Trademark Infringement

Jones Day on

In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more

International Lawyers Network

Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A...

Lots of people are talking about ChatGPT. Some, like those at Microsoft, see it as a valuable tool to be integrated into their products and platforms; indeed, one of its lawyers thought that the answer provided by ChatGPT...more

Fenwick & West LLP

Using “Abandoned Trademarks” Is Whiskey Business

Fenwick & West LLP on

In June 2022, the U.S. Court of Appeals for the Federal Circuit rejected an application filed by Tiger Lily, a UK-based liquor company, for the use of LEHMAN BROTHERS on its whiskey bottles despite the trademark having been...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between the heirs of Evel Knievel and Disney, over claims of similarities between the late daredevil and the “Toy Story 4”...more

Weintraub Tobin

The Briefing by the IP Law Blog: Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between the heirs of Evel Knievel and Disney, over claims of similarities between the late daredevil and the “Toy Story 4”...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update

Weintraub Tobin on

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between rapper, Ice Cube and Robinhood over the trading app’s use of Ice Cube’s image in a newsletter. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update

Weintraub Tobin on

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between rapper, Ice Cube and Robinhood over the trading app’s use of Ice Cube’s image in a newsletter. ...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

Weintraub Tobin

The Briefing by the IP Law Blog: Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

McDermott Will & Schulte

Not on My Watch: Disclosure of Restored Goods’ Source Obviates Consumer Confusion

The US Court of Appeals for the Second Circuit affirmed a ruling that a defendant’s use of a mark in connection with the sale of used goods did not create consumer confusion, finding that the district court adequately...more

Weintraub Tobin

Podcast - The Briefing by the IP Law Blog: Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers

Weintraub Tobin on

In this week's episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced "mischief"). In Nike Inc. v MSCHF...more

Weintraub Tobin

The Briefing by the IP Law Blog: Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers

Weintraub Tobin on

In this week's episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced "mischief"). In Nike Inc. v MSCHF...more

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